This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

Manslaughter – History of Domestic Violence

Case

Type

Plea

Record

Sentence

Appeal

Facts

Hill

(1981) 3 A Crim R 397

Provocation

Shooting - domestic

VG

Murder

Conviction AA

Manslaughter substituted

4y 6m

NPP 1y

Shot husband after many years of physical abuse. On night of killing V had returned home drunk and violent.

Bogunovich

(1985) 16 A Crim R 456

Provocation

Stabbing - domestic

PG

4y Bond

Stabbed husband after long history of domestic violence. Night of killing V had struck offender outside club.

Manning

NSWCCA

15.4.1988

Unlawful and dangerous

Shooting - domestic

PG

nil

5y

NPP 2y

AD

Shot husband. Good relationship with history of violent arguments. Night of killing had argument over phone. Went to friend's house and obtained rifle. Shot at V in dark intending to frighten him when he arrived home.

Roberts

NSW SC

(Hunt J)

31.8.1989

Unlawful and Dangerous

Shooting - domestic

PG

Nil

2y GBB

Aboriginal female shot husband. History of domestic violence - physical & psychological abuse. Treated like a 'dog'. V had ongoing affair. On day of offence violent argument. Intended to shoot V in leg but confrontation led to shooting in chest.

Whalen

NSW CCA

5.4.1991

Provocation

Stabbing - domestic

PG

MT 5y

AT 3y

AD

Killed husband with carving knife and axe - relationship had deteriorated - on day of killing verbally and physically abused by V

Gardner

NSWSC

Wood J

27.3.1992

Diminished Responsibility / Provocation

Shooting - domestic

PG

7y GBB

Shot husband under extreme stress – V very ill with MS and physically dependent - child suffered cerebral palsy and was also utterly dependent - V terrorised A and kept a gun beside his bed – shot V once, then buried and reported him as missing

Extreme use of mechanisms of denial and repression developed to cope with major childhood traumas

Son died in lead-up to the trial - pregnant at time of sentencing - wholly exceptional case.

Turbulent relationship with V - on day of shooting V told him to leave - pointed rifle at her and it discharged - affected by alcohol.

Spencer

NSWSC

Mathews J 18.12.1992

Provocation

Stabbing - domestic

PG

Nil

3y PD

Killed de facto husband with single stab wound. - history of domestic violence - V physically and verbally abusing offender.

Fragile mental state.

Morabito

(1992) 62 A Crim R 82

Shooting – domestic

Accessory

VG

nil

MT 8y

AT 2y 6m

AD

Arranged for lover to shoot husband during day leave from gaol - V record for violence, involved in organised crime and history of domestic violence - lured V to place of killing and supplied gun - genuine fear that V would kill her and children if he found out about affair.

Woolsey

NSWSC

Newman J

19.8.1993

Unlawful and dangerous

Stabbing - domestic

PG

nil

4y GBB

History of domestic violence when V drunk - A assaulted during argument with V - picked up knife to scare V off and stabbed him.

Stabbed wife 51 times after she refused to have sex with him - considered killing himself but taken to police by relatives

History of mental illness and paranoia – history of violent acts towards V and threats on her life - Yugoslav migrant.

Paranoid delusional disorder

Simon

NSWSC

Bruce J

21.7.1995

Stabbing - domestic

PG

MT 2y

AT 3y

Stabbed de facto husband during fight after day of drinking at hotel - history of domestic violence.

McIntyre

NSWSC

McInerney J

15.3.1996

Provocation

Stabbing - domestic

PG

nil

MT 2y

AT 4y

Stabbed de facto husband when he grabbed her hair - prelude on previous occasions to serious assault - relationship characterised by inhumane treatment of offender - consumed drugs and alcohol.

Varagnolo

NSWSC

McInerney J

21.3.1996

Unlawful and dangerous

Stabbing - domestic

PG

mal wound but not relevant

2y GBB

Long history of violent relationship with V, including rape - night of killing violent argument, including assault on A's young daughter - picked up knife with intention of frightening V - stabbing occurred when V moved towards A.

Stabbed mother to death. Extremely dysfunctional childhood caused by violent and abusive treatment by mother. Earlier in afternoon mother had ordered mentally ill daughter to leave house. Offender subsequently lost control when mother verbally abused him and poked him in chest. Degree of provocation high. Unlikely to re-offend in this way.

Stabbed de facto husband of 25y once in heart - Both heavily intoxicated – not fully aware of actions due to effect of intoxication - element of provocation and long history of DV – stabbed V on previous occasion

Prior good character - Isolation caused by recent move - Grief over recent death of father - Effect of imprisonment on 5y old son - Genuine remorse - Excellent prospects of rehabilitation

Mercy

[2004] NSWSC 472

Adams J

Unlawful and dangerous

Stabbing - domestic

PG

(25%)

Nil

4y 1m

NPP 2y 3m

(3m PSC)

Female - Stabbed de facto in back – Intent to frighten – Seeking to make stand in context of continuing physical and sexual abuse

Frenzied stabbing of 67y wife during argument over breakdown in relationship

History of verbal and physical abuse - dementia

Chant

(41 – 48 at sentence)

[2009] NSWSC 593

Howie J

Provocation

Shooting - domestic

PG

(5%)

Mansl

Interfering with human remains

nil

Manslaughter

4y 9m

NPP 3y 4m

Total:

5y 4m

NPP 3y 11m

Female – Shot husband in head during argument – physically abusive relationship – gun initially produced that night by V – dismembered body and disposed of in various locations

Son assisted in hiding boy

Gabriel

(64)

[2010] NSWSC 13

Price J

Provocation

Assault - domestic

VG

(murder trial – 10% for offer)

nil

9y 3m

NPP 6y 3m

Had offer to plead guilty to manslaughter rejected by Crown – struck wife to head with skutch hammer – history of arguments with wife and suspected infidelity on her part – degree of provocation not high – threatened by wife with knife – extreme degree of violence – element of self defence

Female stabbed partner once in abdomen – V came home from party, pushed offender out of bed and started argument over text message – offender grabbed knife in fear he would continue assault – impulsive response in heat of argument - history of physical and verbal abuse – immediate remorse

Excellent work record in welfare area – excellent prospects of rehabilitation

Singh

(22)

[2012] NSWSC 637

McClellan CJ at CL

Provocation

Stabbing - domestic

VG

(murder trial – 25% for offer)

nil

8y

NPP 6y

Cut wife's throat with a Stanley knife during argument by ferocious attack -– during argument verbally abused by brother-in-law on telephone and V – V threatened to leave and have offender kicked out of country - married in India so both could move to Australia – long history of martial disharmony and violence – brutal and violent attack

Immature with no family or friends for support – offered to plead guilty – suffering psychiatric disorder at time of offending – good prospects of rehabilitation

Chen

[2012] NSWSC 1000

Schmidt J

Substantial impairment

Stabbing - domestic

PG

25%

6y 9m

NPP 3y 9m

Female fed ex-partner soup with sleeping tablets – stabbed sleeping V causing serious injuries to penis and severing arteries – history of emotional manipulation, cruelty towards son and dishonesty – panicked in repose to threats to take son

Suffering depressive disorder

Seymour

(24)

[2012] NSWSC 1010

Price J

Excessive self defence

Stabbing - domestic

VG

(murder trial)

minor

6y 6m

NPP 3y 6m

Female stabbed mother in arm as act of excessive self defence – V bled to death - History of verbal and physical abuse by V against offender – V a drug user – deliberate stabbing – failed to assist deceased but unaware could bleed to death – spontaneous offence

Deprived and dysfunctional childhood – suffering depression at time of offence

Bryce

(41)

[2014] NSWSC 1184

Beech-Jones J

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

Lengthy record including conviction for assault on former partner – breached bond

8y

NPP 6y

Assaulted female partner in their unit - subdural haematoma – no evidence as to how injury caused – offender did not realise assault dangerous – failure to obtain medical assistance aggravating factor although not aware injuries life threating

Dysfunctional people in dysfunctional relationship – history of violence by both parties